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Philippines's Constitution
of 1987

This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
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Table of contents
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLEI:NATIONALTERRITORY..................................3
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES
PRINCIPLES ..................................................3
ARTICLEIII:BILLOFRIGHTS ......................................6
ARTICLEIV:CITIZENSHIP ........................................9
ARTICLEV:SUFFRAGE .........................................10
ARTICLEVI:LEGISLATIVEDEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
ARTICLEVII:EXECUTIVEDEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
ARTICLEVIII:JUDICIALDEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
ARTICLE IX: CONSTITUTIONAL COMMISSIONS . . . . . . . . . . . . . . . . . . . . . . . 26
A.COMMONPROVISIONS .................................................26
B.THECIVILSERVICECOMMISSION..........................................28
C.THECOMMISSIONONELECTIONS.........................................29
D.THECOMMISSIONONAUDIT.............................................32
ARTICLEX:LOCALGOVERNMENT.................................33
ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS . . . . . . . . . . . . . . . . . . 37
ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY . . . . . . . . . . . . . . . . . 41
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS . . . . . . . . . . . . . . . . . . . 45
ARTICLE XIV: EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE,
ANDSPORTS.................................................49
ARTICLEXV:THEFAMILY .......................................53
ARTICLEXVI:GENERALPROVISIONS ..............................54
ARTICLEXVII:AMENDMENTSORREVISIONS . . . . . . . . . . . . . . . . . . . . . . . .56
ARTICLEXVIII:TRANSITORYPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .57

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• Source of constitutional authority


• General guarantee of equality
Preamble
• God or other deities
• Motives for writing constitution
• Preamble
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to
build a just and humane society and establish a Government that shall embody our
ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I: NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.

ARTICLE II: DECLARATION OF PRINCIPLES


AND STATE POLICIES PRINCIPLES

PRINCIPLES

• Type of government envisioned Sec 1


The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.

• International law Sec 2


The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equally, justice, freedom, cooperation, and amity
with all nations.

Sec 3
Civilian authority is, at all times, supreme over the military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national territory.

• Duty to serve in the military Sec 4


The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions provided by law, to render

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personal military or civil service.

• Right to life
• Right to own property
Sec 5
The maintenance of peace and order, the protection of life, liberty, and property,
and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy.

• Inalienable rights
• Separation of church and state
Sec 6
The separation of Church and State shall be inviolable.

• Right to self determination Sec 7


The State shall pursue an independent foreign policy. In its relations with other
states the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination.

Sec 8
The Philippines, consistent with the national interest, adopts and pursues a policy
of freedom from nuclear weapons in its territory.

Sec 9
The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a
rising standard of living, and an improved quality of life for all.

Sec 10
The State shall promote social justice in all phases of national development.

• Human dignity Sec 11


The State values the dignity of every human person and guarantees full respect for
human rights.

• Rights of children
• Right to life
Sec 12
The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of
the mother and the life of the unborn from conception. The natural and primary
right and duty of parents in the rearing of the young for civic efficiency and the
development of moral character shall receive the support of the Government.

• Rights of children Sec 13


The State recognizes the vital role of the youth in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.

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• Equality regardless of gender Sec 14

The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.

• Right to health care Sec 15


The State shall protect and promote the right to health of the people and instill
health consciousness among them.

• Protection of environment Sec 16


The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

• Reference to art
• Right to culture
Sec 17
The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and
promote total human liberation and development.

Sec 18
The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.

Sec 19
The State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

Sec 20
The State recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.

Sec 21
The State shall promote comprehensive rural development and agrarian reform.

• Right to culture
• Indigenous right to self governance
Sec 22
The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

Sec 23
The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.

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Sec 24
The State recognizes the vital role of communication and information in nation-
building.

Sec 25
The State shall ensure the autonomy of local governments.

Sec 26
The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.

Sec 27
The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.

Sec 28
Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.

ARTICLE III: BILL OF RIGHTS

• Guarantee of due process


• General guarantee of equality
Sec 1
No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

• Regulation of evidence collection


• Protection from unjustified restraint
Sec 2
• Inalienable rights
• Right to privacy
The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.

Sec 3
• Inalienable rights 1. The privacy of communication and correspondence shall be inviolable except
• Right to privacy
upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law.
2. Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

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• Freedom of assembly
• Freedom of expression
Sec 4
• Right of petition
• Freedom of press
No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

• Equality regardless of religion


• Freedom of religion
Sec 5
• Official religion
No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.

• Freedom of movement Sec 6


The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.

• Right to information Sec 7


The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data
used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

• Freedom of association
• Right to join trade unions
Sec 8
The right of the people, including those employed in the public and private sectors,
to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.

• Protection from expropriation Sec 9


Private property shall not be taken for public use without just compensation.

Sec 10
No law impairing the obligation of contracts shall be passed.

• Right to counsel Sec 11


Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.

• Regulation of evidence collection


• Protection from self-incrimination
Sec 12
• Right to counsel 1. Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford
the services of counsel, he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.

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• Prohibition of torture 2. No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
• Protection of victim's rights 4. The law shall provide for penal and civil sanctions of violations of this section
as well as compensation to and rehabilitation of victims of torture or similar
practices, and their families.

• Regulation of evidence collection


• Protection from unjustified restraint
Sec 13
• Right to pre-trial release
All persons, except those charged with offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
securities, or be released on recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

• Regulation of evidence collection Sec 14


• Guarantee of due process 1. No person shall be held to answer for a criminal offense without due process
of law.
• Right to examine evidence/witnesses
• Right to fair trial
2. In all criminal prosecutions, the accused shall be presumed innocent until the
• Presumption of innocence in trials contrary is proved, and shall enjoy the right to be heard by himself and
• Right to public trial
• Right to speedy trial counsel, to be informed of the nature and cause of the accusation against him,
to have a speedy, impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance of witnesses
and the production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.

• Protection from unjustified restraint Sec 15


The privilege of the writ of habeas corpus shall not be suspended except in cases
of invasion or rebellion when the public safety requires it.

• Right to speedy trial Sec 16


All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

• Protection from self-incrimination Sec 17


No person shall be compelled to be a witness against himself.

Sec 18
1. No person shall be detained solely by reason of his political beliefs and
aspirations.
• Prohibition of slavery 2. No involuntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall have been duly convicted.

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• Prohibition of cruel treatment Sec 19


• Prohibition of capital punishment 1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading punishment against
any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.

• Rights of debtors Sec 20


No person shall be imprisoned for debt or non-payment of a poll tax.

• Prohibition of double jeopardy Sec 21


No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution for the same act.

• Protection from ex post facto laws Sec 22


No ex post facto law or bill of attainder shall be enacted.

ARTICLE IV: CITIZENSHIP

• Requirements for birthright citizenship Sec 1


The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of
this Constitution;

2. Those whose fathers or mothers are citizens of the Philippines;

3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and

• Requirements for naturalization 4. Those who are naturalized in accordance with law.

• Requirements for birthright citizenship Sec 2


Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine citizenship.
Those who elect Philippine citizenship in accordance with paragraph (3), Section 1
hereof shall be deemed natural-born citizens.

• Conditions for revoking citizenship


• Requirements for naturalization
Sec 3
Philippine citizenship may be lost or reacquired in the manner provided by law.

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• Right to renounce citizenship Sec 4


Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law, to have renounced it.

Sec 5
Dual allegiance of citizens is inimical to the national interest and shall be dealt with
by law.

ARTICLE V: SUFFRAGE

• Restrictions on voting Sec 1


Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at
least six months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.

• Secret ballot
• Restrictions on voting
Sec 2
The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to
vote without the assistance of other persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission on Elections may
promulgate to protect the secrecy of the ballot.

ARTICLE VI: LEGISLATIVE DEPARTMENT

• Structure of legislative chamber(s)


• Legislative initiatives by citizens
Sec 1
• Referenda
The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved
to the people by the provision on initiative and referendum.

• Structure of legislative chamber(s)


• Size of second chamber
Sec 2
• Second chamber selection
The Senate shall be composed of twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines, as may be provided by law.

• Minimum age for second chamber


• Eligibility for second chamber
Sec 3
No person shall be a Senator unless he is a natural-born citizen of the Philippines,
and, on the day of the election, is at least thirty-five years of age, able to read and
write, a registered voter, and a resident of the Philippines for not less than two
years immediately preceding the day of the election.

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• Scheduling of elections
• Term length of second chamber
Sec 4
• Term limits of second chamber
The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirteenth day of June next following
their election.
No Senator shall serve for more than two consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.

Sec 5
• Structure of legislative chamber(s) 1. The House of Representatives shall be composed of not more than two
• Size of first chamber
• First chamber selection hundred and fifty members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the provinces, cities, and
the Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties of organizations.
• First chamber representation quotas
• First chamber selection
2. The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be filled, as provided by law,
by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
• First chamber selection 3. Each legislative district shall comprise, as far as practicable, contiguous, compact,
and adjacent territory. Each city with a population of at least two hundred fifty
thousand, or each province, shall have at least one representative.
• Census 4. Within three years following the return of every census, the Congress shall
• Electoral districts
• First chamber selection make a reapportionment of legislative districts based on the standards
provided in this section.

• Minimum age for first chamber Sec 6


• Eligibility for first chamber

No person shall be a Member of the House of Representatives unless he is a


natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the
day of the election.

• Term length for first chamber Sec 7


• Term limits for first chamber

The Members of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election.
No Member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full term
for which he was elected.

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• Scheduling of elections Sec 8


Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of
May.

• Replacement of legislators Sec 9


In case of vacancy in the Senate or in the House of Representatives, a special
election may be called to fill such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus elected shall serve only
for the unexpired term.

• Compensation of legislators Sec 10


The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.

• Immunity of legislators Sec 11


A Senator or Member of the House of Representatives shall, in all offenses punishable
by not more than six years imprisonment, be privileged from arrest while the Congress
is in session. No Member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof.

• Earnings disclosure requirement Sec 12


All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.

• Outside professions of legislators Sec 13


No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected.

Sec 14
No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special privilege granted by the
Government, or any subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his office.

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• Extraordinary legislative sessions


• Length of legislative sessions
Sec 15
The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until thirty days before the
opening of its next regular session, exclusive of Saturdays, Sundays, and legal
holidays. The President may call a special session at any time.

Sec 16
• Leader of first chamber 1. The Senate shall elect its President and the House of Representatives its
• Leader of second chamber
Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.
• Attendance by legislators 2. A majority of each House shall constitute a quorum to do business, but a smaller
• Quorum for legislative sessions
number may adjourn from day to day and may compel the attendance of absent
Members in such manner, and under such penalties, as such House may provide.
• Removal of individual legislators 3. Each House may determine the rules of its proceedings, punish its Members
for disorderly behavior, and, with the concurrence of two-thirds of all its
Members, suspend or expel a Member. A penalty of suspension, when
imposed, shall not exceed sixty days.
• Publication of deliberations
• Secrecy of legislative votes
4. Each House shall keep a Journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in its judgment, affect national
security; and the yeas and nays on any question shall, at the request of one-
fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
5. Neither House during the sessions of the Congress shall, without the consent
of the other, adjourn for more than three days, nor to any other place than that
in which the two Houses shall be sitting.

• Electoral court powers Sec 17


• Electoral court selection

The Senate and the House of Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed
of nine Members, three of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall be Members of the Senate
or the House of Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The senior
Justice in the Electoral Tribunal shall be its Chairman.

• Legislative committees Sec 18


There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators, and twelve Members of the
House of Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or organizations registered
under the party-list system represented therein. The Chairman of the Commission
shall not vote, except in case of a tie. The Commission shall act on all
appointments submitted to it within thirty session days of the Congress from their
submission. The Commission shall rule by a majority vote of all the Members.

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Sec 19
The Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have
been organized with the election of the President and the Speaker. The
Commission on Appointments shall meet only while the Congress is in session, at
the call of its Chairman or a majority of all its Members, to discharge such powers
and functions as are herein conferred upon it.

Sec 20
The records and books of accounts of the Congress shall be preserved and be
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid
to and expenses incurred for each Member.

• Legislative committees Sec 21


The Senate or the House of Representatives or any of its respective committees
may conduct inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in or affected by such inquiries
shall be respected.

• Legislative oversight of the executive Sec 22

The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at least three days before
their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State or
the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.

• Designation of commander in chief Sec 23


• Power to declare/approve war

1. The Congress, by a vote of two-thirds of both Houses in joint session


assembled, voting separately, shall have the sole power to declare the
existence of a state of war.
• Emergency provisions 2. In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as
it may prescribe, to exercise powers necessary and proper to carry out a
declared national policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next adjournment thereof.

• Division of labor between chambers Sec 24


• Initiation of general legislation
• First chamber reserved policy areas
• Spending bills
• Tax bills All appropriation, revenue or tariff bills, bills authorizing increase of the public debt,
bills of local application, and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.

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• Spending bills Sec 25


1. The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The
form, content, and manner of preparation of the budget shall be prescribed by
law.
2. No provision or enactment shall be embraced in the general appropriations bill
unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to
which it relates.
3. The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments and
agencies.
4. A special appropriations bill shall specify the purpose for which it is intended,
and shall be supported by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue proposal therein.
5. No law shall be passed authorizing any transfer of appropriations; however,
the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item
in the general appropriations law for their respective offices from savings in
other items of their respective appropriations.
6. Discretionary funds appropriated for particular officials shall be disbursed only
for public purposes to be supported by appropriate vouchers and subject to
such guidelines as may be prescribed by law.
7. If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the
preceding fiscal year shall be deemed reenacted and shall remain in force and
effect until the general appropriations bill is passed by the Congress.

Sec 26
1. Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.
2. No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have
been distributed to its Members three days before its passage, except when
the President certifies to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.

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Sec 27
• Division of labor between chambers
• Approval of general legislation
1. Every bill passed by the Congress shall, before it becomes a law, be
• Initiation of general legislation presented to the President. If he approves the same, he shall sign it;
• Veto override procedure
otherwise, he shall veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large in its Journal and
proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent, together
with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that House,
it shall become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his
veto of any bill to the House where it originated within thirty days after the date
of receipt thereof; otherwise, it shall become a law as if he had signed it.
• Approval of general legislation 2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.

Sec 28
1. The rule of taxation shall be uniform and equitable. The Congress shall evolve
a progressive system of taxation.
2. The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national development program of the
Government.
• Tax status of religious organizations 3. Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable,
or educational purposes shall be exempt from taxation.
4. No law granting any tax exemption shall be passed without the concurrence of
a majority of all the Members of the Congress.

Sec 29
1. No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
2. No public money or property shall be appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except
when such priest, preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government orphanage or leprosarium.
3. All money collected on any tax levied for a special purpose shall be treated as
a special fund and paid out for such purpose only. If the purpose for which a
special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.

Sec 30
No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.

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Sec 31
No law granting a title of royalty or nobility shall be enacted.

• Legislative initiatives by citizens


• Referenda
Sec 32
The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law or part thereof passed
by the Congress or local legislative body after the registration of a petition therefor
signed by at least ten per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the
registered voters thereof.

ARTICLE VII: EXECUTIVE DEPARTMENT

• Name/structure of executive(s) Sec 1


The executive power shall be vested in the President of the Philippines.

• Finance bills
• Foreign affairs representative
Sec 2
• Minimum age of head of state
• Eligibility for head of state
No person may be elected President unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for at least ten years
immediately preceding such election.

• Deputy executive Sec 3


There shall be a Vice-President who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be
removed from office in the same manner as the President.
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation.

• Head of state selection Sec 4


• Head of state term length
• Head of state term limits
The President and the Vice-President shall be elected by direct vote of the people
for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date six years
thereafter. The President shall not be eligible for any reelection. No person who
has succeeded as President and has served as such for more than four years shall
be qualified for election to the same office at any time.
• Head of state term limits No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for which he was
elected.
• Scheduling of elections Unless otherwise provided by law, the regular election for President and Vice-
President shall be held on the second Monday of May.

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The returns of every election for President and Vice-President, duly certified by the
board of canvassers of each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the certificates of canvass,
the President of the Senate shall, not later than thirty days after the day of the
election, open all the certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon determination of
the authenticity and due execution thereof in the manner provided by law, canvass
the votes.
The person having the highest number of votes shall be proclaimed elected, but in
case two or more shall have an equal and highest number of votes, one of them
shall forthwith be chosen by the vote of a majority of all the Members of both
Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating
to the election, returns, and qualifications of the President or Vice-President, and
may promulgate its rules for the purpose.

• God or other deities Sec 5


• Oaths to abide by constitution

Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my
duties as President (or Vice-President or Acting President) of the Philippines,
preserve and defend its Constitution, execute its laws, do justice to every man, and
consecrate myself to the service of the Nation. So help me God." (In case of
affirmation, last sentence will be omitted.)

Sec 6
The President shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect until after the expiration
of the term of the incumbent during which such increase was approved. They shall
not receive during their tenure any other emolument from the Government or any
other source.

Sec 7
The President-elect and the Vice-President-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the Vice-President-elect shall act as President
until the President-elect shall have qualified.
If a President shall not have been chosen, the Vice-President-elect shall act as
President until a President shall have been chosen and qualified.
If at the beginning of the term of the President, the President-elect shall have died
or shall have become permanently disabled, the Vice-President-elect shall become
President.
Where no President and Vice-President shall have been chosen or shall have
qualified, or where both shall have died or become permanently disabled, the
President of the Senate or, in case of his inability, the Speaker of the House of
Representatives shall act as President until a President or a Vice-President shall
have been chosen and qualified.

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The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have
qualified, in case of death, permanent disability, or inability of the officials
mentioned in the next preceding paragraph.

• Head of state replacement Sec 8


In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term.
In case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his inability,
the speaker of the House of Representatives, shall then act as President until the
President or Vice-President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case president
of death, permanent disability, or resignation of the Acting President. He shall
serve until the President or Vice-President shall have been elected and qualified,
and be subject to the same restrictions of powers and disqualifications as the
Acting President.

Sec 9
Whenever there is a vacancy in the Office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice-President from among
the Members of the Senate and the House of Representatives who shall assume
office upon confirmation by a majority vote of all the Members of both Houses of
the Congress, voting separately.

Sec 10
The Congress shall, at ten o'clock in the morning of the third day after the vacancy
in the offices of the President and Vice-President occurs, convene in accordance
with its rules without need of a call and within seven days enact a law calling for a
special election to elect a President and a Vice-President to be held not earlier
than forty-five days nor later than sixty days from the time of such call. The bill
calling such special election shall be deemed certified under paragraph 2, Section
26, Article VI of this Constitution and shall become law upon its approval on third
reading by the Congress. Appropriations for the special election shall be charged
against any current appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this Constitution. The convening of the
Congress cannot be suspended nor the special election postponed. No special
election shall be called if the vacancy occurs within eighteen months before the
date of the next presidential election.

Sec 11
Whenever the President transmits to the President of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a
written declaration to the contrary, such powers and duties shall be discharged by
the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of
the Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his
office, the Vice-President shall immediately assume the powers and duties of the
office as Acting President.

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Thereafter, when the President transmits to the President of the Senate and to the
Speaker of the House of Representatives his written declaration that no inability
exists, he shall reassume the powers and duties of his office. Meanwhile, should a
majority of all the Members of the Cabinet transmit within five days to the President
of the Senate and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of his
office, the Congress shall decide the issue. For that purpose, the Congress shall
convene, if it is not in session, within forty-eight hours, in accordance with its rules
and without need of call.
If the Congress, within ten days after receipt of the written declaration or, if not in
session, within twelve days after it is required to assemble, determines by a two-
thirds vote of both Houses, voting separately, that the President is unable to
discharge the powers and duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue exercising the powers and
duties of his office.

Sec 12
In case of serious illness of the President, the public shall be informed of the state
of his health. The Members of the Cabinet in charge of national security and
foreign relations and the Chief of Staff of the Armed Forces of the Philippines, shall
not be denied access to the President during such illness.

• Establishment of cabinet/ministers Sec 13


• Eligibility for cabinet
• Eligibility for head of state
The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other office
or employment during their tenure. They shall not, during said tenure, directly or
indirectly, practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. They shall strictly
avoid conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree
of the President shall not during his tenure be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.

• Cabinet removal Sec 14


Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President within ninety days from his assumption or
reassumption of office.

Sec 15
Two months immediately before the next presidential elections and up the end of
his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety.

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• Establishment of cabinet/ministers
• Cabinet selection
Sec 16
• Selection of active-duty commanders
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the armed forces from the rank of
colonel or naval captain, and other officers whose appointments are vested in his
in his Constitution. He shall also appoint all other officers of the Government
whose appointments are not otherwise provided for by law, and those whom he
may be authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President alone, in the courts, or
in the heads of departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproval by the Commission on Appointments or until the
next adjournment of the Congress.

Sec 17
The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.

• Emergency provisions Sec 18


• Designation of commander in chief The President shall be the Commander-in-Chief of all armed forces of the Philippines
and whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when
the public safety requires it, he may, for a period not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting jointly, by a vote of
at least a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the President.
Upon the initiative of the President, the Congress may, in the same manner, extend
such proclamation or suspension for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of
a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension thereof, and must
promulgate its decision thereon within thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor
supplant the functioning of the civil courts or legislative assemblies, nor authorize
the conferment of jurisdiction on military courts and agencies over civilians where
civil courts are able to function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially
charged for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.

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• Head of state powers


• Power to pardon
Sec 19
Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgement.
He shall also have the power to grant amnesty with the concurrence of a majority
of all the Members of the Congress.

Sec 20
The President may contract or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the Monetary Board, and subject to
such limitations as may be provided by law. The Monetary Board shall, within thirty
days from the end of every quarter of the calendar year, submit to the Congress a
complete report of its decisions on applications for loans to be contracted or
guaranteed by the Government or government-owned and controlled corporations
which would have the effect of increasing the foreign debt, and containing other
matters as may be provided by law.

• Foreign affairs representative Sec 21


• Treaty ratification

No treaty or international agreement shall be valid and effective unless concurred


in by at least two-thirds of all the Members of the Senate.

• Tax bills Sec 22


The President shall submit to the Congress within thirty days from the opening of
every regular session, as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts from existing and
proposed revenue measures.

• Legislative oversight of the executive Sec 23

The President shall address the Congress at the opening of its regular session. He
may also appear before it at any other time.

ARTICLE VIII: JUDICIAL DEPARTMENT

• Protection of judges' salaries


• Structure of the courts
Sec 1
The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.

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Sec 2
The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the security
of tenure of its Members.

• Judicial independence
• Protection of judges' salaries
Sec 3
the Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not
be reduced by the legislature below the amount appropriated for the previous year
and, after approval, shall be automatically and regularly released.

Sec 4
1. The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or, in its discretion, in divisions of three,
five, or seven Members. Any vacancy shall be filled within ninety days from the
occurrence thereof.
• Head of state decree power
• Treaty ratification
2. All cases involving the constitutionality of a treaty, international or executive
• Legal status of treaties agreement, or law, which shall be heard by the Supreme Court en banc, and
• Constitutionality of legislation
all other cases which under the Rules of Court are required to be heard en
banc, including those involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and
other regulations, shall be decided with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in the case
and voted thereon.
3. Cases or matter heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case,
without the concurrence of at least three of such Members. When the required
number is not obtained, the case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except by the court sitting en
banc.

• Supreme court powers Sec 5


The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other


public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.

• Right to appeal judicial decisions 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the
• Judicial precedence
law or the Rules of Court may provide, final judgments and orders of
lower courts in.

• Legal status of treaties a. All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in
question.

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b. All cases involving the legality of any tax, impost, assessment, or toll,
or any penalty imposed in relation thereto.

c. All cases in which the jurisdiction of any lower court is in issue.

d. All criminal cases in which the penalty imposed is reclusion perpetua


or higher.

e. All cases in which only an error or question of law is involved.

3. Assign temporarily judges of lower courts to other stations or public


interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning the protection and enforcement of constitutional


rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal assistance to the
underprivileged Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.

6. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.

Sec 6
The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

Sec 7
• Minimum age of supreme court judges
• Eligibility for supreme court judges
1. No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A
Member of the Supreme Court must be at least forty years of age, and must
have been for fifteen years or more a judge of a lower court or engaged in the
practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of lower courts, but
no person may be appointed judge thereof unless he is a citizen of the
Philippines and a member of the Philippine Bar.
3. A Member of the Judiciary must be a person of proven competence, integrity,
probity, and independence.

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• Establishment of judicial council Sec 8


1. A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the
Secretary of Justice, and a representative of the Congress as ex officio
Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.
2. The regular members of the Council shall be appointed by the President for a
term of four years with the consent of the Commission on Appointments. Of
the Members first appointed, the representative of the Integrated Bar shall
serve for four years, the professor of law for three years, the retired Justice for
two years, and the representative of the private sector for one year.
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the Council
and shall keep a record of its proceedings.
4. The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its
annual budget the appropriations for the Council.
5. The Council shall have the principal function of recommending appointees to
the Judiciary. It may exercise such other functions and duties as the Supreme
Court may assign to it.

• Supreme court selection Sec 9


• Ordinary court selection

The Members of the Supreme Court and judges of lower courts shall be appointed
by the President from a list of at least three nominees prepared by the Judicial and
Bar Council for every vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the appointments within ninety days
from the submission of the list.

Sec 10
The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their continuance
in office, their salary shall not be decreased.

• Supreme court term length Sec 11


• Supreme/ordinary court judge removal
• Mandatory retirement age for judges
The Members of the Supreme Court and judges of lower courts shall hold office
during good behavior until they reach the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court en banc
shall have the power to discipline judges of lower courts, or order their dismissal by
a vote of a majority of the Members who actually took part in the deliberations on
the issues in the case and voted thereon.

Sec 12
The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.

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• Supreme court opinions Sec 13

The conclusions of the Supreme Court in any case submitted to it for decision en
banc or in division shall be reached in consultation before the case is assigned to a
Member for the writing of the opinion of the Court. A certification to this effect
signed by the Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason
therefor. The same requirements shall be observed by all lower collegiate courts.

• Right to appeal judicial decisions


• Supreme court opinions
Sec 14
No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall
be refused due course or denied without stating the legal basis therefor.

Sec 15
1. All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for all other lower courts.
2. A case or matter shall be deemed submitted for decision or resolution upon
the filing of the last pleading, brief, or memorandum required by the Rules of
Court or by the court itself.
3. Upon the expiration of the corresponding period, a certification to this effect
signed by the Chief Justice or the presiding judge shall forthwith be issued and
a copy thereof attached to the record of the case or matter, and served upon
the parties. The certification shall state why a decision or resolution has not
been rendered or issued within said period.
4. Despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence
thereof, shall decide or resolve the case or matter submitted thereto for
determination, without further delay.

Sec 16
The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual
report on the operations and activities of the Judiciary.

ARTICLE IX: CONSTITUTIONAL


COMMISSIONS

A. COMMON PROVISIONS

Sec 1

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The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.

Sec 2
No Member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any profession or
in the active management or control of any business which in any way may be
affected by the functions of his office, nor shall he be financially interested, directly
or indirectly, in any contract with, or in any franchise or privilege granted by the
Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.

Sec 3
The salary of the Chairman and the Commissioners shall be fixed by law and shall
not be decreased during their tenure.

Sec 4
The Constitutional Commissions shall appoint their officials and employees in
accordance with law.

Sec 5
The Commission shall enjoy fiscal autonomy. Their approved annual
appropriations shall be automatically and regularly released.

Sec 6
Each Commission en banc may promulgate its own rules concerning pleadings
and practice before it or before any of its offices. Such rules however shall not
diminish, increase, or modify substantive rights.

Sec 7
Each Commission shall decide by a majority vote of all its Members any case or
matter brought before it within sixty days from the date of its submission for
decision or resolution. A case or matter is deemed submitted for decision or
resolution upon the filing of the last pleading, brief, or memorandum required by
the rules of the Commission or by the Commission itself. Unless otherwise
provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy thereof.

Sec 8
Each Commission shall perform such other functions as may be provided by law.

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B. THE CIVIL SERVICE COMMISSION

Sec 1
1. The civil service shall be administered by the Civil Service Commission
composed of a Chairman and two Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least thirty-
five years of age, with proven capacity for public administration, and must not
have been candidates for any elective position in the elections immediately
preceding their appointment.
2. The Chairman and the Commissioners shall be appointed by the President
with the consent of the Commission on Appointments for a term of seven
years without reappointment. Of those first appointed, the Chairman shall hold
office for seven years, a Commissioner for five years, and another
Commissioner for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.

Sec 2
1. The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled
corporations with original charters.
• Civil service recruitment 2. Appointments in the civil service shall be made only according to merit and
fitness to be determined, as far as practicable, and, except to positions which
are policy determining primarily confidential, or highly technical, by competitive
examination.
3. No officer or employee in the civil service shall be removed or suspended
except for cause provided by law.
4. No officer or employee in the civil service shall engage, directly or indirectly, in
any electioneering or partisan political campaign.
5. The right to self-organization shall not be denied to government employees.
6. Temporary employees of the Government shall be given such protection as
may be provided by law.

Sec 3
The Civil Service Commission, as the central personnel agency of the
Government, shall establish a career service and adopt measures to promote
morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the
civil service. It shall strengthen the merit and rewards system, integrate all human
resources development programs for all levels and ranks, and institutionalize a
management climate conductive to public accountability. It shall submit to the
President and the Congress an annual report on its personnel programs.

Sec 4
All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.

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Sec 5
The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled
corporations with original charters, taking into account the nature of the
responsibilities pertaining to, and the qualifications required for their positions.

Sec 6
No candidate who has lost in any election shall, within one year after such election,
be appointed to any office in the Government or any government-owned or
controlled corporations or in any of their subsidiaries.

Sec 7
No elective official shall be eligible for appointment or designation in any capacity
to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the Government or
any subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.

Sec 8
No elective or appointive public officer or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law, nor accept
without the consent of the Congress, any present, emolument, office, or title of any
kind from any foreign government.
Pensions or gratuities shall not be considered as additional, double, or indirect
compensation.

C. THE COMMISSION ON ELECTIONS

• Electoral commission Sec 1


1. There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five years of age, holders of a
college degree, and must not have been candidates for any elective position in
the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of law for at least ten
years.
2. The Chairman and the Commissioners shall be appointed by the President
with the consent of the Commission on Appointments for a term of seven
years without reappointment. Of those first appointed, three Members shall
hold office for seven years, two Members for five years, and the last Members
for three years, without reappointment. Appointment to any vacancy shall be
only for the unexpired term of the predecessor. In no case shall any Member
be appointed or designated in a temporary or acting capacity.

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• Electoral commission Sec 2


The Commission on Elections shall exercise the following powers and functions:
1. Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the
elections, returns, and qualifications of all elective regional, provincial, and city
officials and appellate jurisdiction over all contests involving elective municipal
officials decided by trial courts of general jurisdiction, or involving elective
barangay officials decided by trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory, and
not appealable.
3. Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling places,
appointment of election officials and inspectors, and registration of voters.
4. Deputize, with the concurrence of the President, law enforcement agencies
and instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest,
peaceful, and credible elections.
• Campaign financing 5. Register, after sufficient publication, political parties, organizations, or
• Prohibited political parties
• Restrictions on political parties coalitions which, in addition to other requirements, must present their platform
• Regulation of political parties
or program of government; and accredit citizens' arms of the Commission on
Elections. Religious denominations and sects shall not be registered. Those
which seek to achieve their goals through violence or unlawful means, or
refuse to uphold and adhere to this Constitution, or which are supported by
any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections constitute
interference in national affairs and, when accepted, shall be an additional
ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.
6. File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or omissions constituting
election frauds, offenses, and malpractices.
7. Recommend to the Congress effective measures to minimize election
spending, including limitation of places where propaganda materials shall be
posted, and to prevent and penalize all forms of election frauds, offenses,
malpractices, and nuisance candidacies.
8. Recommend to the President the removal of any officer or employee it has
deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or disobedience to its directive, order, or decision.
9. Submit to the President and the Congress a comprehensive report on the
conduct of each election, plebiscite, initiative, referendum, or recall.

Sec 3
The Commission on Elections may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to expedite disposition of election cases,
including pre-proclamation controversies. All such election cases shall be heard
and decided in division, provided that motions for reconsideration of decisions shall
be decided by the Commission en banc.

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Sec 4
The Commission may, during the election period, supervise or regulate the
enjoyment or utilization of all franchises or permits for the operation of
transportation and other public utilities, media of communication or information, all
grants, special privileges, or concessions granted by the Government or any
subdivision, agency, or instrumentality thereof, including any government-owned or
controlled corporation or its subsidiary. Such supervision or regulation shall aim to
ensure equal opportunity, time, and space, and the right to reply, including
reasonable, equal rates therefor, for public information campaigns and forums
among candidates in connection with the objective of holding free, orderly, honest,
peaceful, and credible elections.

Sec 5
No pardon, amnesty, parole, or suspension of sentence for violation of election
laws, rules, and regulations shall be granted by the President without the favorable
recommendation of the Commission.

Sec 6
A free and open party system shall be allowed to evolve according to the free
choice of the people, subject to the provisions of this Article.

Sec 7
No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this
Constitution.

Sec 8
Political parties, or organizations or coalitions registered under the party-list
system, shall not be represented in the voters' registration boards, boards of
election inspectors, boards of canvassers, or other similar bodies. However, they
shall be entitled to appoint poll watchers in accordance with law.

Sec 9
Unless otherwise fixed by the Commission in special cases, the election period
shall commence ninety days before the day of election and shall end thirty days
thereafter.

Sec 10
Bona fide candidates for any public office shall be free from any form of
harassment and discrimination.

Sec 11
Funds certified by the Commission as necessary to defray the expenses for
holding regular and special elections, plebiscites, initiatives, referenda, and recalls,
shall be provided in the regular or special appropriations and, once approved, shall
be released automatically upon certification by the Chairman of the Commission.

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D. THE COMMISSION ON AUDIT

Sec 1
1. There shall be a Commission on Audit composed of a Chairman and two
Commissioners, who shall be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five years of age, certified public
accountants with not less than ten years of auditing experience, or members
of the Philippine Bar who have been engaged in the practice of law for at least
ten years, and must not have been candidates for any elective position in the
elections immediately preceding their appointment. At no time shall all
Members of the Commission belong to the same profession.
2. The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall hold office for seven
years, one Commissioner for five years, and the other Commissioner for three
years, without reappointment. Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.

Sec 2
1. The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and receipts
of, and expenditures or uses of funds and property, owned or held in trust by,
or pertaining to, the Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned and controlled corporations
with original charters, and on a post audit basis

a. constitutional bodies, commissions and offices that have been granted


fiscal autonomy under this Constitution;

b. autonomous state colleges and universities;

c. other government-owned owned or controlled corporations and their


subsidiaries; and

d. such non-governmental entities receiving subsidy or equity, directly or


indirectly, from or through the Government, which are required by law or
the granting institution to submit to such audit as a condition of subsidy or
equity.
However, where the internal control system of the audited agencies is
inadequate, the Commission may adopt such measures, including temporary
or special pre-audit, as are necessary and appropriate to correct the
deficiencies. It shall keep the general accounts of the Government and, for
such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
2. The Commission shall have exclusive authority, subject to the limitations in
this Article, to define the scope of its audit and examination, establish the
techniques and methods required therefor, and promulgate accounting and
auditing rules, and regulations including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of government funds and properties.

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Sec 3
No law shall be passed exempting any entity of the Government or its subsidiary in
any guise whatever, or any investment of public funds, from the jurisdiction of the
Commission on Audit.

Sec 4
The Commission shall submit to the President and the Congress, within the time fixed
by law, an annual report covering the financial condition and operation of the
Government, its subdivisions, agencies, and instrumentalities, including government
owned or controlled corporations, and non-governmental entities subject to its audit,
and recommend measures necessary to improve their effectiveness and efficiency. It
shall submit such other reports as may be required by law.

ARTICLE X: LOCAL GOVERNMENT

GENERAL PROVISIONS

• Subsidiary unit government Sec 1


The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

• Right to culture
• Indigenous right to self governance
Sec 2
• Organic laws
The territorial and political subdivisions shall enjoy local autonomy.

• Municipal government
• Subsidiary unit government
Sec 3
The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate
among the different local government units their powers, responsibilities, and
resources, and provide for the qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials, and all other matters
relating to the organization and operation of the local units.

Sec 4
The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays shall ensure that the
acts of their component units are within the scope of their prescribed powers and
functions.

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• Municipal government
• Subsidiary unit government
Sec 5
Each local government unit shall have the power to create its own sources of
revenues and to levy taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments.

• Municipal government
• Subsidiary unit government
Sec 6
Local government units shall have a just share, as determined by law, in the
national taxes which shall be automatically released to them.

• Subsidiary unit government Sec 7


Local governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas, in
the manner provided by law, including sharing the same with the inhabitants by
way of direct benefits.

• Municipal government
• Subsidiary unit government
Sec 8
The term of office of elective local officials, except barangay officials, which shall
be determined by law, shall be three years and no such official shall serve for more
than three consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his service for
the full term for which he was elected.

• Municipal government Sec 9


• Subsidiary unit government

Legislative bodies of local governments shall have sectoral representation as may


be prescribed by law.

Sec 10
No province, city, municipality, or barangay may be created, divided, merged,
abolished, or its boundary substantially altered, except in accordance with the
criteria established in the local government code and subject to approval by a
majority of the votes cast in a plebiscite in the political units directly affected.

• Municipal government Sec 11


• Subsidiary unit government

The Congress may, by law, create special metropolitan political subdivisions,


subject to a plebiscite as set forth in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy and shall be entitled to their own
local executives and legislative assemblies. The jurisdiction of the metropolitan
authority that will thereby be created shall be limited to basic services requiring
coordination.

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Sec 12
Cities that are highly urbanized, as determined by law, and component cities
whose charters prohibit their voters from voting for provincial elective officials, shall
be independent of the province. The voters of component cities within a province,
whose charters contain no such prohibition, shall not be deprived of their right to
vote for elective provincial officials.

Sec 13
Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources for purposes commonly beneficial to them in
accordance with law.

Sec 14
The President shall provide for regional development councils or other similar
bodies composed of local government officials, regional heads of departments and
other government offices, and representatives from non-governmental
organizations within the regions for purposes of administrative decentralization to
strengthen the autonomy of the units therein and to accelerate the economic and
social growth and development of the units in the region.

AUTONOMOUS REGIONS

Sec 15
There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities, and geographical areas
sharing common and distinctive historical and cultural heritage, economic and
social structures, and other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.

Sec 16
The President shall exercise general supervision over autonomous regions to
ensure that laws are faithfully executed.

Sec 17
All powers, functions, and responsibilities not granted by this Constitution or by law
to the autonomous regions shall be vested in the National Government.

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• Organic laws Sec 18

The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of
representatives appointed by the President from a list of nominees from
multisectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department and legislative
assembly, both of which shall be elective and representative of the constituent
political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this
Constitution and national laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for the
purpose, provided that only provinces, cities, and geographic areas voting
favorably in such plebiscite shall be included in the autonomous region.

• Organic laws Sec 19


The first Congress elected under this Constitution shall, within eighteen months
from the time of organization of both Houses, pass the organic acts for the
autonomous regions in Muslim Mindanao and the Cordilleras.

Sec 20
Within its territorial jurisdiction and subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions shall provide for legislative
powers over:

1. Administrative organization;

2. Creation of sources of revenues:

3. Ancestral domain and natural resources:

4. Personal, family, and property relations;

5. Regional urban and rural planning development;

6. Economic, social, and tourism development;

7. Educational policies;

8. Preservation and development of the cultural heritage; and

9. Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the region.

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• Right to culture
• Indigenous right to self governance
Sec 21
The preservation of peace and order within the regions shall be the responsibility
of the local police agencies which shall be organized, maintained, supervised, and
utilized in accordance with applicable laws. The defense and security of the
regions shall be the responsibility of the National Government.

ARTICLE XI: ACCOUNTABILITY OF


PUBLIC OFFICERS

Sec 1
Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty,
and efficiency, act with patriotism and justice, and lead modest lives.

• Head of state removal


• Head of state immunity
Sec 2
The President, the Vice-President, the Members of the Supreme Court, the
Members of the Constitutional Commissions, and the Ombudsman may be
removed from office, on impeachment for, and conviction of, culpable violation of
the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be removed
from office as provided by law, but not by impeachment.

• Head of state removal Sec 3


• Supreme/ordinary court judge removal

1. The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.
2. A verified compliant for impeachment may be filed by any Member of the
House of Representatives or by any citizen upon a resolution of endorsement
by any Member thereof, which shall be included in the Order of Business
within ten session days, and referred to the proper Committee within three
session days thereafter. The Committee, after hearing, and by a majority vote
of all its Members, shall submit its report to the House within sixty session
days from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by the House within ten
session days from receipt thereof.
3. A vote of at least one-third of all the Members of the House shall be necessary
either to affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution. The vote of each Member shall
be recorded.
4. In case the verified compliant or resolution of impeachment is filed by at least
one third of all the Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated against the same official more
than once within a period of one year.

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6. The Senate shall have the sole power to try and decide all cases of impeachment.
When sitting for that purpose, the Senators shall be on oath or affirmation. When
the President of the Philippines is on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shall be convicted without the
concurrence of two-thirds of all the Members of the Senate.
• Head of state immunity 7. Judgment in cases of impeachment shall not extend further than removal from
office and disqualification to hold any office under the Republic of the
Philippines, but the party convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment according to law.
8. The Congress shall promulgate its rules on impeachment to effectively carry
out the purpose of this section.

• Head of state removal Sec 4


The present anti-graft court known as the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or hereafter may be provided by law.

• Head of state removal


• Ombudsman
Sec 5
There is hereby created the independent Office of the Ombudsman, composed of
the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one
Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military
establishment may likewise be appointed.

• Head of state removal


• Supreme/ordinary court judge removal
Sec 6
The officials and employees of the Office of the Ombudsman, other than the Deputies,
shall be appointed by the Ombudsman according to the Civil Service Law.

Sec 7
The existing Tanodbayan shall hereafter be known as the Office of the Special
Prosecutor. It shall continue to function and exercise its powers as now or
hereafter may be provided by law, except those conferred on the Office of the
Ombudsman created under this Constitution.

Sec 8
The Ombudsman and his Deputies shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty years old, of recognized probity
and independence, and members of the Philippine Bar, and must not have been
candidates for any elective office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge or engaged in the
practice of law in the Philippines.
During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.

• Ombudsman Sec 9
The Ombudsman and his Deputies shall be appointed by the President from a list
of at least six nominees prepared by the Judicial and Bar Council, and from a list of
three nominees for every vacancy thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three months after they occur.

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Sec 10
The Ombudsman and his Deputies shall have the rank of Chairman and Members,
respectively, of the Constitutional Commissions, and they shall receive the same
salary, which shall not be decreased during their term of office.

• Ombudsman Sec 11
The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election
immediately succeeding their cessation from office.

Sec 12
The Ombudsman and his Deputies, as protectors of the people, shall act promptly
on complaints filed in any form or manner against public officials or employees of
the Government, or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the result thereof.

• Ombudsman Sec 13
The Office of the Ombudsman shall have the following powers, functions, and duties.

1. Investigate on its own, or on complaint by any person, any act or


omission of any public official, employee, office or agency, when such act
or omission appears to be illegal, unjust, improper, or inefficient.

2. Direct, upon complaint or at its own instance, any public official or


employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or controlled
corporation with original charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any abuse or impropriety
in the performance of duties.

3. Direct the officer concerned to take appropriate action against a public official
or employee at fault, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance therewith.

4. Direct the officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law, to furnish it with copies of
documents relating to contracts or transactions entered into by his office
involving the disbursement or use of public funds or properties, and report
any irregularity to the Commission on Audit for appropriate action.

5. Request any government agency for assistance and information


necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.

6. Publicize matters covered by its investigation when circumstances so


warrant and with due prudence.

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7. Determine the causes of inefficiency, red tape, mismanagment, fraud,


and corruption in the Government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency.

8. Promulgate its rules of procedure and exercise such other powers or


perform such functions or duties as may be provided by law.

Sec 14
The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

Sec 15
The right of the State to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees, shall not be barred
by prescription, laches, or estoppel.

Sec 16
No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the Vice-President, the
Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or entity in which they have
controlling interest, during their tenure.

Sec 17
A public officer or employee shall, upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets, liabilities, and
net worth. In the case of the President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed forces with general or flag rank, the
declaration shall be disclosed to the public in the manner provided by law.

Sec 18
Public officers and employees owe the State and this Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall be
dealt with by law.

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ARTICLE XII: NATIONAL ECONOMY


AND PATRIMONY

• Right to work Sec 1

The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as
the key to raising the quality of life for all, especially the underprivileged.
The State shall promote industrialization and full employment based on sound
agricultural development and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are competitive in both
domestic and foreign markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the
country shall be given optimum opportunity to develop. Private enterprises,
including corporations, cooperatives, and similar collective organizations, shall be
encouraged to broaden the base of their ownership.

• Ownership of natural resources Sec 2


All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. The exploration, development,
and utilization of natural resources shall be under the full control and supervision of the
State. The State may directly undertake such activities, or it may enter into co-
production, joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such terms and conditions as
may be provided by law. In cases of water rights for irrigation, water supply, fisheries,
or industrial uses other than the development of water power, beneficial use may be
the measure and limit of the grant.
The State shall protect the nation's marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by
Filipino citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fish-workers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local scientific
and technical resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.

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Sec 3
Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses to which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not more than five hundred hectares, or
acquire not more than twelve hectares thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development,
and subject to the requirements of agrarian reform, the Congress shall determine,
by law, the size of lands of the public domain which may be acquired, developed,
held, or leased and the conditions therefor.

Sec 4
The Congress shall, as soon as possible, determine by law the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such period as it may
determine, measures to prohibit logging in endangered forests and watershed areas.

Sec 5
The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities
to their ancestral lands to ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws governing
property rights or relations in determining the ownership and extent of ancestral
domain.

• Right to establish a business Sec 6


The use of property bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own,
establish, and operate economic enterprises, subject to the duty of the State to
promote distributive justice and to intervene when the common good so demands.

Sec 7
Save in cases of hereditary succession, no private lands shall be transferred or
conveyed except to individuals, corporations, or associations qualified to acquire or
hold lands of the public domain.

Sec 8
Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.

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• Economic plans Sec 9


The Congress may establish an independent economic and planning agency
headed by the President, which shall, after consultations with the appropriate
public agencies, various private sectors, and local government units, recommend
to Congress, and implement continuing integrated and coordinated programs and
policies for national development.
Until the Congress provides otherwise, the National Economic and Development
Authority shall function as the independent planning agency of the government.

Sec 10
The Congress shall, upon recommendation of the economic and planning agency,
when the national interest dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of whose capital is owned by
such citizens, or such higher percentage as Congress may prescribe, certain areas
of investments. The Congress shall enact measures that will encourage the
formation and operation of enterprises whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions covering the national economy
and patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its
national jurisdiction and in accordance with its national goals and priorities.

Sec 11
No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations
or associations organized under the laws of the Philippines at least sixty per
centum of whose capital is owned by such citizens, nor shall such franchise,
certificate, or authorization be exclusive in character or for a longer period than fifty
years. Neither shall any such franchise or right be granted except under the
condition that it shall be subject to amendment, alteration, or repeal by the
Congress when the common good so requires. The State shall encourage equity
participation in public utilities by the general public. The participation of foreign
investors in the governing body of any public utility enterprise shall be limited to
their proportionate share in its capital, and all the executive and managing officers
of such corporation or association must be citizens of the Philippines.

Sec 12
The State shall promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.

Sec 13
The State shall pursue a trade policy that serves the general welfare and utilizes
all forms and arrangements of exchange on the basis of equality and reciprocity.

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• Right to enjoy the benefits of science Sec 14


The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower
and skilled workers and craftsmen in all fields shall be promoted by the State. The
State shall encourage appropriate technology and regulate its transfer for the
national benefit.
The practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law.

Sec 15
The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

Sec 16
The Congress shall not, except by general law, provide for the formation,
organization, or regulation of private corporations. Government-owned or
controlled corporations may be created or established by special charters in the
interest of the common good and subject to the test of economic viability.

Sec 17
In times of national emergency, when the public interest so requires, the State
may, during the emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any privately owned public utility or
business affected with public interest.

Sec 18
The State may, in the interest of national welfare or defense, establish and operate
vital industries and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be operated by the Government.

Sec 19
The State shall regulate or prohibit monopolies when the public interest so requires.
No combinations in restraint of trade or unfair competition shall be allowed.

Sec 20
The Congress shall establish an independent central monetary authority, the members
of whose governing board must be natural-born Filipino citizens, of known probity,
integrity, and patriotism, the majority of whom shall come from the private sector. They
shall also be subject to such other qualifications and disabilities as may be prescribed
by law. The authority shall provide policy direction in the areas of money, banking, and
credit. It shall have supervision over the operations of banks and exercise such
regulatory powers as may be provided by law over the operations of finance
companies and other institutions performing similar functions.
Until the Congress otherwise provides, the Central Bank of the Philippines,
operating under existing laws, shall function as the central monetary authority.

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Sec 21
Foreign loans may only be incurred in accordance with law and the regulation of
the monetary authority. Information on foreign loans obtained or guaranteed by the
Government shall be made available to the public.

Sec 22
Acts which circumvent or negate any of the provisions of this Article shall be
considered inimical to the national interest and subject to criminal and civil
sanctions, as may be provided by law.

ARTICLE XIII: SOCIAL JUSTICE AND


HUMAN RIGHTS

Sec 1
• Human dignity The Congress shall give highest priority to the enactment of measures that protect
• Provisions for wealth redistribution
and enhance the right of all the people to human dignity, reduce social economic,
and political inequalities, and remove cultural inequities by equitably diffusing
wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.

Sec 2
The promotion of social justice shall include the commitment to create economic
opportunities based on freedom of initiative and self-reliance.

LABOR

• Right to join trade unions Sec 3


The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment
opportunities for all.
• Right to safe work environment It shall guarantee the rights of all workers to self-organization, collective bargaining and
• Right to reasonable standard of living
• Right to strike negotiations, and peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure, humane conditions of
work, and a living wage. They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual compliance therewith to foster
industrial peace.
The State shall regulate the relations between workers and employers, recognizing
the right of labor to its just share in the fruits of production and the right of
enterprises to reasonable returns on investments, and to expansion and growth.

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AGRARIAN AND NATURAL RESOURCES REFORM

Sec 4
The State shall, by law, undertake an agrarian reform program founded on the
right of farmers and regular farmworkers, who are landless, to own directly or
collectively the lands they till or, in the case of other farmworkers, to receive a just
share of the fruits thereof. To this end, the State shall encourage and undertake
the just distribution of all agricultural lands, subject to such priorities and
reasonable retention limits as the Congress may prescribe, taking into account
ecological, developmental, or equity considerations, and subject to the payment of
just compensation. In determining retention limits, the State shall respect the rights
of small landowners. The State shall further provide incentives for voluntary land-
sharing.

Sec 5
The State shall recognize the right of farmers, farmworkers, and landowners, as
well as cooperatives, and other independent farmers' organizations to participate in
the planning, organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research, and adequate
financial, production, marketing, and other support services.

Sec 6
• Provisions for wealth redistribution The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural
resources, including lands of the public domain under lease or concession suitable
to agriculture, subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own agricultural
estates which shall be distributed to them in the manner provided by law.

• Provisions for wealth redistribution Sec 7


The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing resources,
both inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance,
and other services. The State shall also protect, develop, and conserve such
resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing resources.

• Provisions for wealth redistribution Sec 8


The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment creation, and
privatization of public sector enterprises. Financial instruments used as payment
for their lands shall be honored as equity in enterprises of their choice.

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URBAN LAND REFORM AND HOUSING

• Provisions for wealth redistribution Sec 9


The State shall, by law, and for the common good, undertake, in cooperation with
the private sector, a continuing program of urban land reform and housing which
will make available at affordable cost decent housing and basic services to
underprivileged and homeless citizens in urban centers and resettlement areas. It
shall also promote adequate employment opportunities to such citizens. In the
implementation of such program the State shall respect the rights of small property
owners.

Sec 10
Urban or rural poor dwellers shall not be evicted nor their dwelling demolished,
except in accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate
consultation with them and the communities where they are to be relocated.

HEALTH

• State support for the elderly


• State support for the disabled
Sec 11
• State support for children
• Right to health care
The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and other
social services available to all the people at affordable cost. There shall be priority
for the needs of the underprivileged sick, elderly, disabled, women, and children.
The State shall endeavor to provide free medical care to paupers.

• Right to health care Sec 12


The State shall establish and maintain an effective food and drug regulatory
system and undertake appropriate health manpower development and research,
responsive to the country's health needs and problems.

• Right to health care Sec 13


The State shall establish a special agency for disabled persons for their
rehabilitation, self-development and self-reliance, and their integration into the
mainstream of society.

WOMEN

Sec 14
The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation.

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ROLE AND RIGHTS OF PEOPLES ORGANIZATIONS

Sec 15
The State shall respect the role of independent people's organizations to enable
the people to pursue and protect, within the democratic framework, their legitimate
and collective interests and aspirations through peaceful and lawful means.
People's organizations are bona fide associations of citizens with demonstrated
capacity to promote the public interest and with identifiable leadership,
membership, and structure.

Sec 16
The right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making shall
not be abridged. The State shall, by law, facilitate the establishment of adequate
consultation mechanisms.

HUMAN RIGHTS

Sec 17
• Human rights commission 1. There is hereby created an independent office called the Commission on
Human Rights.
• Human rights commission 2. The Commission shall be composed of a Chairman and four Members who
must be natural-born citizens of the Philippines and a majority of whom shall
be members of the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on
Human Rights shall continue to exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically
and regularly released.

• Human rights commission Sec 18


The Commission on Human Rights shall have the following powers and functions.

1. Investigate, on its own or on complaint by any party, all forms of human


rights violations involving civil and political rights;

2. Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;

3. Provide appropriate legal measures for the protection of human rights of


all persons within the Philippines, as well as Filipinos residing abroad,
and provide for preventive measures and legal aid services to the
underprivileged whose human rights have been violated or need
protection;

4. Exercise visitatorial powers over jails, prisons, or detention facilities.

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5. Establish a continuing program of research, education, and information to


enhance respect for the primacy of human rights.

• Protection of victim's rights 6. Recommend to the Congress effective measures to promote human
rights and to provide for compensation to victims of violations of human
rights, or their families,

• Treaty ratification 7. Monitor the Philippine Government's compliance with international treaty
obligations on human rights,

8. Grant immunity from prosecution to any person whose testimony or


whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by it or
under its authority.

9. Request the assistance of any department, bureau, office, or agency in


the performance of its functions,

10. Appoint its officers and employees in accordance with law; and

11. Perform such other duties and functions as may be provided by law.

Sec 19
The Congress may provide for other cases of violations of human rights that
should fall within the authority of the Commission, taking into account its
recommendations.

ARTICLE XIV: EDUCATION, SCIENCE


AND TECHNOLOGY, ARTS, CULTURE,
AND SPORTS

EDUCATION

Sec 1
The State shall protect and promote the right of all citizens to quality education at all
levels and shall take appropriate steps to make such education accessible to all.

Sec 2
The State shall.

1. Establish, maintain, and support a complete, adequate, and integrated


system of education relevant to the needs of the people and society,

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• Right to academic freedom 2. Establish and maintain a system of free public education in the
• Compulsory education
• Free education elementary and high school levels. Without limiting the natural right of
parents to rear their children, elementary education is compulsory for all
children of school age.

3. Establish and maintain a system of scholarship grants, student loan


programs, subsidies, and other incentives which shall be available to
deserving students in both public and private schools, especially to the
underprivileged,

4. Encourage non-formal, informal, and indigenous learning systems, as


well as self-learning, independent, and out-of-school study programs
particularly those that respond to community needs; and

5. Provide adult citizens, the disabled, and out-of-school youth with training
in civics, vocational efficiency, and other skills.

Sec 3
1. All educational institutions shall include the study of the Constitution as part of
the curricula.
2. They shall inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in the
historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character
and personal discipline, encourage critical and creative thinking, broaden
scientific and technological knowledge, and promote vocational efficiency.
3. At the option expressed in writing by the parents or guardians, religion shall be
allowed to be taught to their children or wards in public elementary and high
schools within the regular class hours by instructors designated or approved
by the religious authorities of the religion to which the children or wards
belong, without additional cost to the Government.

Sec 4
1. The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable
supervision and regulation of all educational institutions
2. Educational institutions, other than those established by religious groups and
mission boards, shall be owned solely by citizens of the Philippines or
corporations or associations at least sixty per centum of the capital of which is
owned by such citizens. The Congress may, however, require increased
Filipino equity participation in all educational institutions.
The control and administration of educational institutions shall be vested in
citizens of the Philippines.
No educational institution shall be established exclusively for aliens and no
group of aliens shall comprise more than one-third of the enrollment in any
school. The provisions of this subsection shall not apply to schools established
for foreign diplomatic personnel and their dependents and, unless otherwise
provided by law, for other foreign temporary residents.

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3. All revenues and assets of non-stock, non-profit educational institutions used


actually, directly, and exclusively for educational purposes shall be exempt from
taxes and duties. Upon the dissolution or cessation of the corporate existence of
such institutions, their assets shall be disposed of in the manner provided by law.
Proprietary educational institutions, including those cooperatively owned, may
likewise be entitled to such exemptions subject to the limitations provided by
law including restrictions on dividends and provisions for reinvestment.
4. Subject to conditions prescribed by law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for educational purposes
shall be exempt from tax.

Sec 5
1. The State shall take into account regional and sectoral needs and conditions
and shall encourage local planning in the development of educational policies
and programs.
• Right to academic freedom 2. Academic freedom shall be enjoyed in all institutions of higher learning.
• Access to higher education 3. Every citizen has a right to select a profession or course of study, subject to
fair, reasonable, and equitable admission and academic requirements.
4. The State shall enhance the right of teachers to professional advancement.
Nonteaching academic and non-academic personnel shall enjoy the protection
of the State.
5. The State shall assign the highest budgetary priority to education and ensure
that teaching will attract and retain its rightful share of the best available
talents through adequate remuneration and other means of job satisfaction
and fulfillment.

LANGUAGE

• Official or national languages Sec 6


The national language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.
Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a medium
of official communication and as language of instruction in the educational system.

• Official or national languages Sec 7


• Protection of language use

For purposes of communication and instruction, the official languages of the


Philippines are Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official languages in the regions and shall
serve as auxiliary media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary and optional basis.

• Official or national languages Sec 8


This Constitution shall be promulgated in Filipino and English and shall be
translated into major regional languages, Arabic, and Spanish.

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• Official or national languages


• Protection of language use
Sec 9
The Congress shall establish a national language commission composed of
representatives of various regions and disciplines which shall undertake,
coordinate, and promote researches for the development, propagation, and
preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Sec 10
Science and technology are essential for national development and progress. The
State shall give priority to research and development, invention, innovation, and
their utilization; and to science and technology education, training, and services. It
shall support indigenous, appropriate, and self-reliant scientific and technological
capabilities, and their application to the country's productive systems and national
life.

• Reference to science
• Right to enjoy the benefits of science
Sec 11
The Congress may provide for incentives, including tax deductions, to encourage
private participation in programs of basic and applied scientific research.
Scholarships, grants-in-aid, or other forms of incentives shall be provided to
deserving science students, researchers, scientists, inventors, technologists, and
specially gifted citizens.

• Reference to science Sec 12


• Right to enjoy the benefits of science

The State shall regulate the transfer and promote the adaptation of technology
from all sources for the national benefit. It shall encourage the widest participation
of private groups, local governments, and community-based organizations in the
generation and utilization of science and technology.

• Provisions for intellectual property Sec 13


• Reference to science
• Right to enjoy the benefits of science
The State shall protect and secure the exclusive rights of scientists, inventors, artists,
and other gifted citizens to their intellectual property and creations, particularly when
beneficial to the people, for such period as may be provided by law.

ARTS AND CULTURE

• Reference to art
• Right to culture
Sec 14
The State shall foster the preservation, enrichment, and dynamic evolution of a
Filipino national culture based on the principle of unity in diversity in a climate of
free artistic and intellectual expression.

• Reference to art Sec 15


Arts and letters shall enjoy the patronage of the State. The State shall conserve,
promote, and popularize the nation's historical and cultural heritage and resources,
as well as artistic creations.

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• Reference to art Sec 16


All the country's artistic and historic wealth constitutes the cultural treasure of the
nation and shall be under the protection of the State which may regulate its
disposition.

• Reference to art Sec 17


The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions. It
shall consider these rights in the formulation of national plans and policies.

• Reference to art Sec 18


1. The State shall ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and
other incentives, and community cultural centers, and other public venues.
2. The State shall encourage and support researches and studies on the arts and
culture.

SPORTS

Sec 19
1. The State shall promote physical education and encourage sports programs,
league competitions, and amateur sports, including training for international
competitions, to foster self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry.
2. All educational institutions shall undertake regular sports activities throughout
the country in cooperation with athletic clubs and other sectors.

ARTICLE XV: THE FAMILY

• Reference to fraternity/solidarity Sec 1


The State recognizes the Filipino family as the foundation of the nation. Accordingly, it
shall strengthen its solidarity and actively promote its total development.

Sec 2
Marriage, as an inviolable social institution, is the foundation of the family and shall
be protected by the State.

Sec 3
The State shall defend:

• Right to found a family 1. The right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood.

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• Rights of children 2. The right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty,
exploitation, and other conditions prejudicial to their development;

3. The right of the family to a family living wage and income; and

4. The right of families or family associations to participate in the planning


and implementation of policies and programs that affect them.

• State support for the elderly Sec 4


The family has the duty to care for its elderly members but the State may also do
so through just programs of social security.

ARTICLE XVI: GENERAL PROVISIONS

• National flag Sec 1


The flag of the Philippines shall be red, white, and blue, with a sun and three stars,
as consecrated and honored by the people and recognized by law.

• National anthem Sec 2


The Congress may, by law, adopt a new name for the country, a national anthem,
or a national seal, which shall all be truly reflective and symbolic of the ideals,
history, and traditions of the people. Such law shall take effect only upon its
ratification by the people in a national referendum.

Sec 3
The State may not be sued without its consent.

Sec 4
The Armed Forces of the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve, as may be provided by law. It shall
keep a regular force necessary for the security of the State.

Sec 5
1. All members of the armed forces shall take an oath or affirmation to uphold
and defend this Constitution.
2. The State shall strengthen the patriotic spirit and nationalist consciousness of
the military, and respect for people's rights in the performance of their duty.
• Restrictions on the armed forces 3. Professionalism in the armed forces and adequate remuneration and benefits
of its members shall be a prime concern of the State. The armed forces shall
be insulated from partisan politics.
No member of the military shall engage directly or indirectly in any partisan
political activity, except to vote.

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• Restrictions on the armed forces 4. No member of the armed forces in the active service shall, at any time, be
appointed or designated in any capacity to a civilian position in the
Government including government-owned or controlled corporations or any of
their subsidiaries.
5. Laws on retirement of military officers shall not allow extension of their service.
6. The officers and men of the regular force of the armed forces shall be
recruited proportionately from all provinces and cities as far as practicable.
7. The tour of duty of the Chief of Staff of the armed forces shall not exceed three
years. However, in times of war or other national emergency declared by the
Congress, the President may extend such tour of duty.

Sec 6
The State shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a national
police commission. The authority of local executives over the police units in their
jurisdiction shall be provided by law.

Sec 7
The State shall provide immediate and adequate care, benefits, and other forms of
assistance to war veterans and veterans of military campaigns, their surviving
spouses and orphans. Funds shall be provided therefor and due consideration
shall be given them in the disposition of agricultural lands of the public domain
and, in appropriate cases, in the utilization of natural resources.

Sec 8
The State shall, from time to time, review to upgrade the pensions and other
benefits due to retirees of both the government and the private sectors.

• Protection of consumers Sec 9


The State shall protect consumers from trade malpractices and from substandard
or hazardous products.

Sec 10
The State shall provide the policy environment for the full development of Filipino
capability and the emergence of communication structures suitable to the needs
and aspirations of the nation and the balanced flow of information into, out of, and
across the country, in accordance with a policy that respects the freedom of
speech and of the press.

Sec 11
• State operation of the media 1. The ownership and management of mass media shall be limited to citizens of
the Philippines, or to corporations, cooperatives or associations, wholly-owned
and managed by such citizens.
The Congress shall regulate or prohibit monopolies in commercial mass media
when the public interest so requires. No combinations in restrains of trade or
unfair competition therein shall be allowed.

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2. The advertising industry is impressed with public interest, and shall be


regulated by law for the protection of consumers and the promotion of the
general welfare.
Only Filipino citizens or corporations or associations at least seventy per
centum of the capital of which is owned by such citizens shall be allowed to
engage in the advertising industry.
The participation of foreign investors in the governing body of entities in such
industry shall be limited to their proportionate share in the capital thereof, and
all the executive and managing officers of such entities must be citizens of the
Philippines.

Sec 12
The Congress may create a consultative body to advise the President on policies
affecting indigenous cultural communities, the majority of the members of which
shall come from such communities.

ARTICLE XVII: AMENDMENTS


OR REVISIONS
• Constitution amendment procedure

Sec 1
Any amendment to, or revision of, this Constitution may be proposed by:

1. The Congress, upon a vote of three-fourths of all its Members; or

2. A constitutional convention.

Sec 2
Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number
of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.

Sec 3
The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the
question of calling such a convention.

Sec 4
Any amendment to, or revision of, this Constitution under Section 1 hereof shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.

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Any amendment under Section 2 hereof shall be valid when ratified by a majority
of the votes cast in a plebiscite which shall be held not earlier than sixty days nor
later than ninety days after the certification by the Commission on Elections of the
sufficiency of the petition.

ARTICLE XVIII: TRANSITORY PROVISIONS


• Transitional provisions

Sec 1
The first elections of Members of the Congress under this Constitution shall be
held on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined by the President,
which may be simultaneous with the election of the Members of the Congress. It
shall include the election of all Members of the city or municipal councils in the
Metropolitan Manila area.

Sec 2
The Senators, Members of the House of Representatives, and the local officials
first elected under this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in the election in 1992, the first twelve obtaining the highest
number of votes shall serve for six years and the remaining twelve for three years.

Sec 3
All existing laws, decrees, executive orders, proclamations, letters of instructions,
and other executive issuances not inconsistent with this Constitution shall remain
operative until amended, repealed, or revoked.

Sec 4
All existing treaties or international agreements which have not been ratified shall
not be renewed or extended without the concurrence of at least two-thirds of all the
Members of the Senate.

Sec 5
The six-year term of the incumbent President and Vice-President elected in the
February 7, 1986 election is, for purposes of synchronization of elections, hereby
extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this
Constitution shall be held on the second Monday of May, 1992.

Sec 6
The incumbent President shall continue to exercise legislative powers until the first
Congress is convened.

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Sec 7
Until a law is passed, the President may fill by appointment from a list of nominees
by the respective sectors the seats reserved for sectoral representation in
paragraph (2), Section 5 of Article VI of this Constitution.

Sec 8
Until otherwise provided by the Congress, the President may constitute the
Metropolitan Authority to be composed of the heads of all local government units
comprising the Metropolitan Manila area.

Sec 9
A sub-province shall continue to exist and operate until it is converted into a regular
province or until its component municipalities are reverted to the mother province.

Sec 10
All courts existing at the time of the ratification of this Constitution shall continue to
exercise their jurisdiction, until otherwise provided by law. The provisions of the
existing Rules of Court, judiciary acts, and procedural laws not inconsistent with
this Constitution shall remain operative unless amended or repealed by the
Supreme Court or the Congress.

Sec 11
The incumbent Members of the Judiciary shall continue in office until they reach
the age of seventy years or become incapacitated to discharge the duties of their
office or are removed for cause.

Sec 12
The Supreme Court shall, within one year after the ratification of this Constitution,
adopt a systematic plan to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to the effectivity of this
Constitution. A similar plan shall be adopted for all special courts and quasi-judicial
bodies.

Sec 13
The legal effect of the lapse, before the ratification of this Constitution, of the
applicable period for the decision or resolution of the cases or matters submitted
for adjudication by the courts, shall be determined by the Supreme Court as soon
as practicable.

Sec 14
The provisions of paragraphs (3) and (4), Section 15 of Article VIII of this
Constitution shall apply to cases or matters filed before the ratification of this
Constitution, when the applicable period lapses after such ratification.

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Sec 15
The incumbent Members of the Civil Service Commission, the Commission on
Elections, and the Commission on Audit shall continue in office for one year after
the ratification of this Constitution, unless they are sooner removed for cause or
become incapacitated to discharge the duties of their office or appointed to a new
term thereunder. In no case shall any Member serve longer than seven years
including service before the ratification of this Constitution.

Sec 16
Career civil service employees separated from the service not for cause but as a
result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986
and the reorganization following the ratification of this Constitution shall be entitled
to appropriate separation pay and to retirement and other benefits accruing to
them under the laws of general application in force at the time of their separation.
In lieu thereof, at the option of the employees, they may be considered for
employment in the Government or in any of its subdivisions, instrumentalities, or
agencies, including government-owned or controlled corporations and their
subsidiaries. This provision also applies to career officers whose resignation,
tendered in line with the existing policy, had been accepted.

Sec 17
Until the Congress provides otherwise, the President shall receive an annual
salary of three hundred thousand pesos; the Vice-President, the President of the
Senate, the Speaker of the House of Representatives, and the Chief Justice of the
Supreme Court, two hundred forty thousand pesos each; the Senators, the
Members of the House of Representatives, the Associate Justices of the Supreme
Court, and the Chairman of the Constitutional Commissions, two hundred four
thousand pesos each; and the Members of the Constitutional Commissions, one
hundred eighty thousand pesos each.

Sec 18
At the earliest possible time, the Government shall increase the salary scales of
the other officials and employees of the National Government.

Sec 19
All properties, records, equipment, buildings, facilities, and other assets of any
office or body abolished or reorganized under Proclamation No. 3 dated March 25,
1986 or this Constitution shall be transferred to the office or body to which its
powers, functions, and responsibilities substantially pertain.

Sec 20
The first Congress shall give priority to the determination of the period for the full
implementation of free public secondary education.

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Sec 21
The Congress shall provide efficacious procedures and adequate remedies for the
reversion to the State of all lands of the public domain and real rights connected
therewith which were acquired in violation of the Constitution or the public land
laws, or through corrupt practices. No transfer or disposition of such lands or real
rights shall be allowed until after the lapse of one year from the ratification of this
Constitution.

Sec 22
At the earliest possible time, the Government shall expropriate idle or abandoned
agricultural lands as may be defined by law, for distribution to the beneficiaries of
the agrarian reform program.

Sec 23
Advertising entities affected by paragraph (2), Section 11 of Article XVI of this
Constitution shall have five years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino ownership requirement therein.

Sec 24
Private armies and other armed groups not recognized by duly constituted authority
shall be dismantled. All paramilitary forces including Civilian Home Defense Forces not
consistent with the citizen armed force established in this Constitution, shall be
dissolved or, where appropriate, converted into the regular force.

Sec 25
After the expiration in 1991 of the Agreement between the Republic of the Philippines
and the United States of America concerning Military Bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines except under a treaty duly
concurred in by the Senate and, when the Congress so requires, ratified by a majority
of the votes cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State.

Sec 26
The authority to issue sequestration or freeze orders under Proclamation No. 3
dated March 25, 1986 in relation to the recovery of ill-gotten wealth shall remain
operative for not more than eighteen months after the ratification of this
Constitution. However, in the national interest, as certified by the President, the
Congress may extend said period.
A sequestration or freeze order shall be issued only upon showing of a prima facie
case. The order and the list of the sequestered or frozen properties shall forthwith
be registered with the proper court. For orders issued before the ratification of this
Constitution, the corresponding judicial action or proceeding shall be filed within six
months from its ratification. For those issued after such ratification, the judicial
action or proceeding shall be commenced within six months from the issuance
thereof.
The sequestration or freeze order is deemed automatically lifted if no judicial action
or proceeding is commenced as herein provided.

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Sec 27
This Constitution shall take effect immediately upon its ratification by a majority of
the votes cast in a plebiscite held for the purpose and shall supersede all previous
Constitutions.

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Topic index

Access to higher education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51


Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Cabinet removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Campaign financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Civil service recruitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Compensation of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Compulsory education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Conditions for revoking citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Constitutionality of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 21
Division of labor between chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 16
Duty to serve in the military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Earnings disclosure requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12


Economic plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29, 30
Electoral court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Electoral court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Electoral districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 20
Eligibility for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Emergency provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 21
Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Equality regardless of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 21
Establishment of judicial council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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Finance bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
First chamber representation quotas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
First chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 22
Free education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Freedom of association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Freedom of movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 6


God or other deities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3, 18
Guarantee of due process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 8

Head of state decree power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23


Head of state immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 38
Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 38
Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Human dignity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 45
Human rights commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Inalienable rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 6
Indigenous right to self governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 33, 37
Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 16
International law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Judicial precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13


Leader of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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Legal status of treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23


Legislative committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 14
Legislative initiatives by citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 17
Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 22
Length of legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Mandatory retirement age for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25


Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Minimum age for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Minimum age of supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Municipal government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 34

Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
National anthem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
National flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18


Official or national languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 52
Official religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38, 39
Ordinary court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Organic laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 36
Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Ownership of natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Power to declare/approve war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14


Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Presumption of innocence in trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Prohibited political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Prohibition of capital punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Prohibition of torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 8

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Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 8


Protection of consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Protection of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 23
Protection of language use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51, 52
Protection of victim's rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 49
Provisions for intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Provisions for wealth redistribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46, 47
Publication of deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 52, 53


Reference to fraternity/solidarity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 17
Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 7, 8
Regulation of political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Restrictions on political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Restrictions on the armed forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54, 55
Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right of petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to academic freedom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50, 51
Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 26
Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 33, 37, 52
Right to enjoy the benefits of science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44, 52
Right to establish a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Right to examine evidence/witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to found a family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Right to health care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 47
Right to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Right to join trade unions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 45
Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Right to pre-trial release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

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Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8


Right to reasonable standard of living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Right to renounce citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Right to safe work environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Right to self determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Right to strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Right to work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Rights of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 54
Rights of debtors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Scheduling of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12, 17


Second chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Secrecy of legislative votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Secret ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Selection of active-duty commanders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Separation of church and state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Size of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Size of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Spending bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15
State operation of the media . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
State support for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
State support for the disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
State support for the elderly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47, 54
Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 11
Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subsidiary unit government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33, 34
Supreme court opinions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Supreme court powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Supreme/ordinary court judge removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25, 37, 38

Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 22


Tax status of religious organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Term length of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Term limits for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Term limits of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 23, 49

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Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

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